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53 Cards in this Set
- Front
- Back
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The international system of law
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Continues to evolve over time
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In a broad sense, justice encompasses
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A) morals.
B) ethics. C) humanitarian standards. D) All of the above |
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Which legal tradition argues that internal societal sources are the basis of international law?
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Positivist
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The Roman concept of jus gentium means
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The law of the peoples
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The author makes an analogy between UN-authorized military action against Iraq in 1991 and an Old West sheriff authorizing a posse to chase outlaws as an example of
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Enforcement by a central authority
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Which actor would not be permitted to submit a case before the International Court of Justice?
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Amnesty International
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The non-Western view of international law includes all of the following except
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Support of weighted voting
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All of the following fit the Western tradition of jus ad bellum except
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Preemption
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The precedent that obeying orders does not excuse combatants from responsibility for war crimes was first established
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At the war crimes tribunals after World War II
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The belief that actions must be placed within their context is known as
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Moral Relativism
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The current international legal system is modern and sophisticated
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False
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The positivist school of law believes that law reflects society and the way people want that society to operate.
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True
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Adjudication represents an early stage of development in a political system
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False
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The 1949 Geneva Convention set down rules about jus ad bellum.
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False
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Most people adhere to moral absolutism
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False
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__________ are one restraint on the power-based pursuit of self-interest in a domestic system
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Legal Systems
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__________ is a second restraint on power in domestic systems. involves what is “right” here, not just what is legal
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Justice
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- Combination of expectations, rules, and practices that govern behavior
- Involve a range of institutions from legal systems to moral codes |
Fundamentals of International Law and Justice
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Primitive but evolving system
Rudimentary form of rule-making in which codes derive from custom or agreement Limited authority to judge or punish violations of the law |
The Primitive Nature of International Law
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- Its beginning coincides with the origins of the state
- Hugo Grotius: “father of international law” - Twentieth century saw the expansion of both concern for and practice of international law in response to increasing international interaction and interdependence |
Growth of International Law
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Most effective in functional relations that involve low politics (trade, communications, rules of diplomacy)
Least effective in high political issues such as national security Growing sensitivity to legal standards and growing acceptance of norms of behavior |
The Practice of International Law
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Secular ideologies
Growing body of ethical norms Religious beliefs |
The Fundamentals of International Justice
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Relations that include interaction in such usually nonpolitical areas as communication, travel, trade, and finances
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Functional Relations
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Ideological/theological school of law
Christian doctrine of Saint Augustine and Saint Thomas Aquinas Naturalist school of law John Locke: Law of nature that teaches all mankind |
External Sources
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______________ : Focus on customs and practice because law is the product of society’s standards
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Internal sources: Positivist School of Law
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Multilateral and bilateral treaties, (Int'l treaties)
International custom General principles of law Judicial decisions and scholarly writing International representative assemblies |
How International Law Is Made
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Voluntary
Through coercion Lower level of compliance than in domestic systems but growing |
Compliance
Adherence to the Law |
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By central authorities (slow to develop)
Through self-help |
Enforcement
Adherence to the Law |
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A set of related ideas in secular or religious thought, usually founded on identifiable thinkers and their works, that offers a more or less comprehensive picture of reality.
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Ideological/theological school of law
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Those who believe that law springs from the rights and obligations that humans have by nature.
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Naturalist School of Law
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Those who believe that law reflects society and the way that people want the society to operate.
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Positive School of Law
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The Western concept meaning “just cause of war,” which provides a moral and legal basis governing causes for war.
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jus ad bellum
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The Western concept meaning “just conduct of war,” which provides a moral and legal basis governing conduct of war.
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jus in bello
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Translates as “treaties are to be served/carried out” and means that agreements between states are binding.
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pacta sunt servanda
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World Court (ICJ) and regional courts
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International Courts
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Sovereignty remains a substantial barrier
ICJ jurisdiction limited States can reject court's decisions States can attach reservations to their agreement States must agree to be subject to ICJ Little power of enforcement |
Attitudes toward adjudication
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The legal process of deciding an issue through the courts.
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Adjuducation
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The world court, which sits in The Hague with 15 judges and is associated with the United Nations.
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International Court of Justice (ICJ)
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Law, justice, and morality are often understood as culturally based concepts
Vary greatly Oftentimes oppose standards and practices Which culture has it “right”? |
Applying International Law and Justice
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Emphasis on rights of individual
Protects the power of long-dominant states Order, sovereignty, property rights, and legal processes are emphasized, as opposed to equity and fairness |
Western Views
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Emphasis on rights of the community
States are not bound by a preexisting system that works to their disadvantage Rejection of weighted decision-making schemes (such as in the Security Council) that favor the wealthy; emphasis on fairness and equity |
Non-Western Views
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No: Niccolò Machiavelli
Yes: Thomas Jefferson |
Should states be held to the same standards as individuals?
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_________ are increasingly being held accountable for their actions in the court of international opinion and sometimes even in courts of law
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Countries
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Includes both just cause and just conduct
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Just War Theory
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_______________ : War as last resort; declared by legitimate authority; waged in self-defense or to establish/restore justice; fought to bring peace
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Just Cause of War: Jus ad bellum
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_____________ : Proportionality of force to threat; discrimination (must not make noncombatants intentional targets); law and morality of war remain highly controversial
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Just Conduct of War: Jus in bello
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Nuremberg and Tokyo war crimes trials
Instance of victor’s justice? |
Post–World War II Tribunals
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Rwanda
Bosnia Cambodia Sierra Leone Kosovo |
Current International Tribunals
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Built on 1998 Rome Statute treaty
Many countries have, or had, reservations, including the United States ICC become operational in 2002 when over 60 countries had ratified it Now, it has close to 100 ratifications Jurisdiction over genocide and a range of widespread and systematic crimes of war National courts are first point of justice, ICC is court of last resort |
International Criminal Court (ICC)
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Moral absolutism
Amorality |
Can ends justify means?
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Should we judge others by our own standards?
A philosophy that human actions must be placed in context as a means to inform international law |
Moral relativism
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Is it pragmatic to apply standards of morality and justice
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National interests issues
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Increasing interaction creates increasing need for law (rules and regulations)
Indicators suggest slow but growing respect for international law Role of international organizations |
The Future of International Law and Justice
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